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Learn how the separation period, court process, and disputed issues can affect how long your divorce takes.
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Contesting a will in Ontario requires legal standing and evidence supporting a recognized ground of challenge. A dispute may concern the will-maker’s capacity, undue influence or the signing requirements. Disappointment with an inheritance alone does not establish that a will is invalid. Gather the relevant records and identify the applicable deadline before starting a challenge. […]
Serving divorce papers internationally from Ontario requires a method valid for the destination country and the court proceeding. The applicable procedure depends on the country’s treaty arrangements and your spouse’s location. Under section 3(1) of the Divorce Act, Ontario divorce jurisdiction generally requires a spouse to have been habitually resident in Ontario for the preceding […]
Spousal support in Ontario ends according to the order’s terms or a later court order. An agreement may also set conditions for ending payments. Read the governing document before stopping payment. Retirement, a new relationship or changed income may justify a review, but none guarantees termination. For a Divorce Act support order, the court considers […]
She got divorced in India. Moved to Ontario. Started a new relationship and planned to remarry. Then her lawyer told her: Ontario does not automatically recognize that divorce. That outcome surprises people. The assumption is that a divorce obtained in another country – through that country’s legal system, following that country’s rules – is a […]
Two spouses. One marriage. And an $80,000 disagreement that had nothing to do with money itself. It came down to a single date. A couple I worked with disputed their date of separation Ontario by just over five months. One spouse owned shares in a private company. The other claimed a separation date when those […]
A material change in circumstances may justify changing an Ontario support or parenting order. The legal test depends on the kind of order and the change since the court last decided it. A job loss or a child’s changed needs can support an application, but the evidence must satisfy the relevant test. Compare the present […]
His gambling debts became her problem – until the court intervened. By the time she came to our office, her husband had accumulated $47,000 in credit card debt during their marriage without her knowledge. The cards were in his name alone. She had never signed anything. And yet, because those debts existed on the valuation […]
She inherited $500,000 during her marriage – and kept every dollar. Here is how. Her mother passed away in the ninth year of a fourteen-year marriage. The inheritance went directly into a separate investment account in her name alone. She never commingled those funds with joint accounts. She never used them to pay down the […]
An equalization payment in Ontario usually gives the spouse with lower net family property half the difference between the two spouses’ amounts. Net family property accounts for property values, debts, permitted deductions and exclusions. The matrimonial home has special rules that can change the result. A marriage contract or the statutory grounds for unequal division […]
Speak with the Nussbaum Law team about your family law matter.